Early Resolution Advice? (Also being sued by other driver)

yelloworange
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Early Resolution Advice? (Also being sued by other driver)

Unread post by yelloworange on

Hi I'm in a bit of an unfortunate predicament and was wondering if anyone had any advice.

I have an early resolution coming up on August 12th, 2013 and I was hoping to fight the ticket.
The ticket I received is "Left Turn Fail to Afford Reasonable Opportunity to Avoid Collision."

The accident I was in involved three vehicles (including my own). There were no passengers in any of the vehicles, just two middle aged male drivers.

I was driving in the right lane at apx. 50km/h and had around 1.5 car length distance between myself and the silver Toyota ahead of me. The Toyota abruptly braked when a black Honda suddenly attempted to pull out from a convenience store driveway (on the right hand side). I quickly tried to follow suit; however I was unable to come to a stop in time and rear ended the Toyota. The Toyota hit/side swept the Honda's left side. I'm not certain whether I hit the Toyota first or the Toyota hit the Honda first.

I don't know if the two other drivers knew each other but before any authorities arrived on scene they spoke to one another and the convenience store owners in length. I think they were trying to line their stories up or something.

Basically, at first the OPP's assessment on scene was that I was not at fault, but then a couple hours after the OPP came to my house and said that he had to give me a ticket and fined me with "Left Turn Fail to Afford Reasonable Opportunity to Avoid Collision."

I retrieved the Police Report of the Accident and noticed that the Toyota's driver was now claiming to have been making a right turn into the driveway, while the Honda's driver was claiming to have been at a full stop on the driveway (as opposed to pulling out from the driveway). Additionally, aside from the fact that the diagram on the report was completely inaccurate, the OPP failed to even figure out which vehicle was which and in his three sentence statement about the accident had mixed up which vehicle was which.

To make matter even more problematic the driver of the Honda is now attempting to sue me for a couple million dollars for compensation. So I feel it's really important if I get rid of the ticket, since if legally I'm deemed not at fault I think it'll help my case for the whole being sued matter. FYI, the driver was completely fine after the accident, he refused to be checked by the paramedics, yelled at me, took a smoke, and cussed. Also, the driver didn't even bother to claim/file for any medical coverage from his own insurer.

Any advice how I can try to fight this ticket? I know early resolutions typically only lessen the fine and can;t get rid of the fine completely, but I was really hoping to be able to get rid of the ticket completely.

TLDR; I was driving when the car(A) in front of me abruptly braked because another car(B) suddenly attempted to pull out from a driveway. (A) told the OPP he was trying to turn into the driveway and (B) told the OPP he was at a full stop on the driveway. The OPP on scene declared I was not at fault only to come to my house a couple hours later and ticket me with "Left Turn Fail to Afford Reasonable Opportunity to Avoid Collision." Furthermore, the OPP did a sloppy job and really didn't investigate into the accident thoroughly (mixing up/mislabeling the three vehicles in his police report). Driver (B) is now attempting to sue me for millions of dollars. Driver (B) was in now way hurt in the accident and didn't even file/claim any medical coverage from his own insurance.

Thanks.


ynotp
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Unread post by ynotp on

Early resolution meetings are for people who want to plea bargain. You are looking to get out of the offence entirely then you need to visit a few professionals and hire the one who you think best understands your case and objectives.


Stanton
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Unread post by Stanton on

I think you were charged under the wrong section. 141(5) deals with turning left across the path of oncoming vehicles. I’m guessing the officer meant to charge you under section 148(5) “Fail to turn out to left to avoid collision”. I’m actually surprised he didn’t charge you with careless driving, which seems to be the go to charge in any rear end collision.

Considering you’re being sued, it may be worthwhile seeking professional help to fight your ticket. I personally don’t think you can be convicted of the offence you were charged with, but the Crown may seek to amend it or simply have the officer issue you a summons with the correct charge.

Also, keep in mind that being found not guilty under the HTA doesn’t make you free and clear from civil action. The threshold for civil matters is much lower, and fault determination isn’t always consistent with who gets charged under the HTA. Under insurance fault determination rules I believe you’re 100% at fault.






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